92 LAWS RELATING T( 



generally, at the same time and place as the balance of the ditch improve- 

 ment. Said county surveyor shall, on or before thirty clays after delivery, 

 count and inspect such tile or pipe, and for such that are first class, mer- 

 chantable, good tile or pipes, and in every particular complying with the 

 contract and specification, he shall issue his certificate showing the accept- 

 ance of the same. The auditor shall, upon presentation of such certi- 

 ficate to him, draw his warrant on the treasurer of the county for the 

 full amount, and the county treasurer shall pay the same out of any fund 

 in the treasury applicable to such purpose. 



SEC. 4476. [The sale, bonds of bidders, etc. ; contract and bonds 

 filed with auditor; liability, etc.] Xo bid shall be entertained which 

 exceeds the estimated cost of construction; the county surveyor shall sell, 

 first, the job or labor of construction of the working section of the outlet 

 or 'mouth of the improvement, and fix a day when the job shall be com- 

 pleted, not exceeding in any case, one hundred and fifty days from the day 



of sale, and shall then sell each remaining working section in its order, 

 up stream, and require the labor on each to be completed within a time 

 so fixed that will, as nearly as practicable secure an outlet for the water 

 as each section is completed, but the commissioners may, if the construc- 

 tion of such work will be facilitated thereby, authorize the sale or construc- 

 tion of such \vork, or either, to be made and performed in a different 

 order and time from that hereinbefore specified. The county surveyor 

 shall make contracts and take bonds as aforesaid and report his doings 

 to the commissioners within five days from the date of sale, and return the 



contracts and bonds to the auditor, who shall file and carefully preserve 

 the same ; the contracts and bonds shall be examined and approved or 

 disapproved by the commissioners, who shall cause an entry of their deci- 

 sion to be made on their journal, and the contractors to be notified of 

 the approval or disapproval of the contracts and bonds ; and the con- 

 tractor for each job shall be liable, on his bond so given, for all delays 



after the expiration of the time named therein for the completion of the 

 job, and for the payment of all damages which accrue by reason of the 

 failure to complete the job within the time required in the contract there- 

 for, and for the payment of all labor and material and for all debts in- 

 curred in the performance of this contract. All claims under this act 

 shall be filed with the county surveyor before the expiration of the time 

 for the completion of such contract. 



SEC. -4477. [County ditches; supervision of work and payment 

 of contractors.] The work shall be done under the supervision of the 

 county surveyor and when a part, not less than one-fourth of the portion 

 "thereof included in any contract is completed in accordance with the 

 specifications, he shall give to the contractor a certificate thereof, showing 

 the proportional amounts which the contractor is entitled to be paid by 

 the terms of his contract; and the auditor shall, upon the presentation of 

 such certificate to him, draw his warrant on the treasurer for not more 

 than seventy-five per cent, of the amount, and the treasurer shall pay the 

 same out of any funds in the treasury applicable to such purposes ; or if 

 the commissioners have determined to issue bonds for the construction 

 of such work, they may, if the contractor consent, pay in bonds, but pro- 



portioned amounts shall not be certified or paid unless the whole job 

 amounts to more than one thousand cubic yards. When the whole con- 

 tract is completed, the entire price may be paid in the manner aforesaid. 



SEC. 4478. [County ditch; when contract for same not com- 

 pleted; proceedings in case of damages.] Any job not completed 



